Dying without a will can create many issues in the survivors’ lives, but one of the biggest questions has to be who gets the house? Ownership does not always transfer automatically, and untangling property titles can be contentious, especially as family members and loved ones process their grief. Ideally, having a will to explain how to distribute property would solve those issues, but when it’s too late, finding an estate planning attorney to help deal with intestate succession and transfers can provide a bit of relief to your family. Contact a New Jersey estate planning lawyer with The Simone Law Firm, P.C., and we will examine how the property is titled and explain who has the right to take the next step.
What is Intestate Succession in New Jersey?
When a homeowner dies without a will, the house does not pass based on personal wishes. Someone dying without a will means they are “intestate,” and New Jersey follows intestate succession laws. Property will be distributed based on these laws, typically to family with a legal right to the property.
The court may need to be involved before anything can be done with the property. Wills appoint executors to “execute” the distribution orders. Without a will to appoint someone, the courts will appoint an administrator to oversee the intestate succession.
Titling Can Affect How the Property is Distributed
Depending on how the house is titled, it could be given to different parties. These situations are unique, so there should not be assumptions on how they will play out. The deed will affect how the house can be distributed or who can inherit it.
Joint Ownership With Right of Survivorship
Houses held in joint ownership with the right of survivorship can be passed to the surviving owner automatically. There is no need for court involvement to transfer that asset. The title passes directly.
Sole Ownership
When the house is in one person’s name, it is solely owned and becomes part of their estate. When they die without a will, the house must be processed in probate before ownership is transferred. The property will pass to heirs based on New Jersey’s inheritance rules. It’s possible one person could inherit the house or they could share inheritance, splitting interest in the house. That can make decisions about selling or keeping the home more complicated.
Tenants in Common
This type of ownership does not include survivorship rights. Each person owns a separate share, and that share passes to their heirs when they pass away. This often leads to multiple people owning the property at the same time, even if they were not original owners together.
When a House May Avoid Probate
Some ownership structures allow a house to transfer without going through the court process. That depends on how the property is titled or whether a separate arrangement is already in place. That can include:
- Joint ownership with survivorship rights
- Property held in a trust
- Transfer-on-death arrangements (if available)
What Happens When Multiple People Inherit a House
When more than one person inherits the house, each person owns a share. That means no single person can make decisions on their own. You have to agree on what happens next, such as whether to keep the home or sell it.
Disagreements are common in this situation. One person may want to keep the property while another wants to sell. If you cannot reach an agreement, one option is for one person to buy out the others. If that does not happen, the court can order the property to be sold so each person can receive their share.
Financial Responsibilities That Come With an Inherited Property
Owning the house also means taking on the expenses tied to it. Those costs do not pause while ownership is being sorted out or while people are trying to agree on what to do next. You and the other owners are still responsible for keeping everything current. That can include:
- Mortgage obligations
- Property taxes
- Maintenance costs
- Insurance
The Financial Impact of Inheriting Property Without a Will
A house is often the most valuable asset in an estate. When there is no will, that value can be harder to manage because ownership is not clearly defined from the start. According to the U.S. Census Bureau, more than 65% of homes in the United States are owner-occupied, which shows how often real estate becomes part of an estate. This happens often, especially in places like Burlington and Camden Counties where property transfers are common.
Delays and disagreements can affect the value of the property. Mortgage payments still have to be made, and taxes do not stop. If multiple people inherit the home, it can lead to additional costs or a forced sale. These issues can reduce what each person ultimately receives from the property.
Common Complications With Inherited Property Without a Will
You can run into problems quickly when there is no will. More than one person may claim a right to the house, which can lead to disagreements about what should happen next. The transfer process can also take time because the court has to confirm who inherits and who has the authority to act. During that period, the person managing the estate, as part of their executor duties in NJ, and any potential heirs may not have the authority to sell the property or make major decisions about it, and costs can continue to build up.
The Simone Law Firm, P.C. Works With Families to Handle Real Estate After a Loss
Your top-rated estate lawyer in Moorestown/Mt. Laurel area can help you determine who has a legal interest in the property and what steps can be taken next. That includes:
- Reviewing the deed to confirm how the house is titled
- Identifying who has a legal right to inherit the property
- Assisting with the paperwork needed to transfer ownership
- Addressing disagreements between family members about the property
We also work with you to complete the process so the property can be transferred and decisions can be made without unnecessary delay.
FAQs About What Happens to a House When Someone Dies Without a Will in NJ
Who inherits a house if there is no will in New Jersey?
New Jersey law sets the order of inheritance. The house usually passes to a spouse or children based on who survives. The exact outcome depends on the family structure at the time of death.
Does a house always go through probate?
Not always. It depends on how the property is titled. Some ownership setups allow the house to transfer without court involvement, while others require the probate process to conclude before ownership can change.
Can multiple people inherit the same property?
Yes. When that happens, each person owns a share of the property. However, no one person can make decisions about the house without the others.
What happens if heirs disagree about the property?
Disagreements can delay decisions about the house. One person may want to keep it while another wants to sell. If no agreement is reached, the court can step in and order a sale.
Can a house be sold during probate?
Yes, but it usually requires court approval and may benefit from help from your NJ probate lawyer. The person managing the estate cannot complete the sale without that approval and compassionate probate guidance.
What happens if there is still a mortgage on the home?
The loan does not go away. Payments still need to be made to keep the property current. If payments are missed, the lender can take action against the property.
How is ownership transferred after death?
Ownership is transferred through the estate process. That usually involves court approval. It also requires recorded documents that place the property in the names of the heirs.
Can someone live in the house while the estate is being handled?
Yes. In many cases, a family member can stay in the home, but they still need to respect the rights of the other heirs. That means they cannot make permanent decisions about the property without agreement.
What happens if no one wants to keep the house?
If no one wants the property, it is usually sold and the proceeds are divided among the heirs. The timing and process depend on court approval and any outstanding obligations tied to the home.
Get Help Handling Probate Issues in Intestate Succession Scenarios
You have a few ways to handle the property once ownership is confirmed. You might keep the home and take over the mortgage, or you might sell it and divide the proceeds. If more than one person inherits, one heir can purchase the others’ shares.
Each option involves specific steps, so it is important to know what is required before making a decision about the property. If you want help going over these details, you can contact us to speak with our New Jersey estate law experts at The Simone Law Firm, P.C., and our team can take a closer look at how the property is titled and explain what you can do next.
Author Bio
Michael Simone is the Founder and Managing Partner of the Simone Law Firm, an estate planning law firm in Cinnaminson, NJ. With more than 20 years of experience in criminal defense, he has represented clients in a wide range of legal matters, including estate planning, elder law, probate, real estate, and business law.Michael received his Juris Doctor from the Rutgers University School of Law and is a member of the New Jersey Bar Association.